Will there be a third Tensing trial? Legal analyst discusses upcoming decision

Local attorney and analyst Hal Arenstein (WKRC FILE Photo)

CINCINNATI(WKRC) – One day shy of the two-year anniversary of the shooting death of Sam Dubose at the hands of University of Cincinnati Police Ray Tensing, Prosecutor Joe Deters will announce if a third trial will be sought.

On June 23 of 2017, Tensing’s second trial ended the same as the first, a mistrial.

"It's a pretty even divide, which gives you a sense of where the community is on the case. Although I've seen recently some organizations coming to Tensing's behalf as opposed to the other side," said Local 12 Legal Analyst and local Defense Attorney Hal Arenstein.

The support Arenstein is referring to is mainly from an online petition urging Hamilton County Persecutor Joe Deters to not try Tensing again.

The petition has more than 5,000 signatures.

On Sunday June 16th, Terina Allen, the sister of Dubose, spoke to Lincoln Ware on his television show, Cincinnati Issues.

It was on the show where the two spoke on the idea of Tensing being considered for federal civil rights charges.

"The ones (trials) that are hanging, the one's where we are get another opportunity are the murder charges like South Carolina, Walter Scott, they we’re hung but ended up taking a plea deal with the federal government,” said Allen. “But he was charged, he was looking at the department of justice charging him as well as the state which is what we're aiming for. "

If Deters decides to ask the Justice Department to consider federal civil rights charges, Arenstein says the decision from the federal government will come from main justice in Washington and not from a local office.

"They are going to be really cognizant on whether they can get a conviction. If they don't think they can get a conviction they're not going to move on it,” said Arenstein.

Arenstein is familiar with the shoes Tensing and his attorneys are walking in right now.

Back in 2010, Arenstein was awaiting news if his then-client Ryan Widmer would be tried a third time.

"It's dread, it's a hope that the whole situation will be over with,” said Arenstein. “After the second Widmer trial, it was 7-5 for guilty so we felt reasonably sure they would want to try him again. In this case it's a little bit reversed here so they (Tensing's attorneys) are in a better position than we were in the Widmer case.”

Deters will make his announcement at 1 p.m. on Tuesday July 18th. Local 12 will carry it live on air and on

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